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Home My WebLink AboutRES-08-6624 (CONFLICT OF INTEREST CODE)1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.08-6624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 06-6502, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES, BOARD AND COMMISSION MEMBERS), AND DESIGNATING THE CITY'S FILING OFFICER WHEREAS, the Political Reform Act, Government Code Section 81000 et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; WHEREAS, amendments to the Political Reform Act, Government Code Section I81000, et seq., have in the past and foreseeably will in the future require conforming amendments to be made in conflict of interest codes adopted and promulgated pursuant to its provisions; WHEREAS, the California Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code, and which can be incorporated by reference; WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it in the City's Conflict of Interest Code will save the City time and money by minimizing actions required to keep the Code in conformity with the Political Reform Act; WHEREAS, Government Code Section 87306.5 requires every local government agency to review its conflict of interest code biennially, in even -numbered years, subject to the provisions of Sections 87302(a) and 87303, and to make amendments when necessitated bV changed circumstances; WHEREAS, on September 26, 2006, the City Council adopted Resolution No. 06-6502, thereby amending the City's previous Conflict of Interest Code, incorporating by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code and establishing designated positions and disclosure categories; and WHEREAS, certain changes to the City's organizational chart during the past two years require amendhlent to the City's current Conflict of Interest Code. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2�- 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That Resolution No. 06-6502 is hereby rescinded in its entirety. SECTION 2. That the terms and provisions of 2 California Code of Regulations Section 18730, as may be amended from time to time and duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference and, along with the attached Appendix "A," and Exhibit "A" (in which positions are designated), and Exhibit "B" (in which disclosure categories are set forth), shall constitute the Conflict of Interest Code of the City of Hermosa Beach. SECTION 3. That the persons holding designated positions shall file statements of economic interests pursuant to the provisions set forth in the City's Conflict of Interest Code. SECTION 4. That in accordance with Section 4 of the Fair Political Practices Commission's Standard Model Conflict of Interest Code, Section 18730, 2 California Code of Regulations, the City Clerk of the City of Hermosa Beach is hereby designated as the filing officer to receive all statements of economic interests filed by all persons holding designated positions. SECTION 5. That this resolution shall take effect and be in force immediately upon its adoption. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and cause the same to be entered into the book of original resolutions of the City. PASSED, APPROVED AND ADOPTED ON THE 14TH DAY OF OCTOBER, 2008. PRESIDENT f ee City ATTEST: City Clerk MAYOR of the City 2 City Attorney Beach t APPENDIX"A" CONFLICT OF INTEREST CODE FOR THE CITY OF HERMOSA BEACH, CALIFORNIA The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs., Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs., Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached appendices, Exhibit "A" and Exhibit `B," in which positions are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Hermosa Beach. Designated employees, commissionfboard members and others shall file statements of economic interests with the City Clerk, the City's filing officer, who will make the statements available for public inspection and reproduction (pursuant to Government Code Section 81008). Upon receipt of the statements of those positions designated in Government Code Section 87200, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated positions will be retained by the City. EXHIBIT "A" DESIGNATED POSITIONS DISCLOSURE CATEGORIES Boards and Commissions Board of Appeals 1, 2, 3, 4, 5, 6 Civil Service Board 1, 2, 3, 4, 5, 6 Emergency Preparedness Advisory Commission 1, 2, 3, 4, 5, 6 Parks, Recreation & Community Resources Commission 1, 2, 3, 4, 5, 6 Public Works Commission 1, 2, 3, 4, 5, 6 City Clerk City Clerk 1, 2 3, 4 Deputy City Clerk 1, 2, 3, 4 Citv Treasurer Deputy City Treasurer 1, 2, 3, 4, 5 City Attorney Assistant City Attorney 1, 2, 3 City Prosecutor City Prosecutor 1, 2, 3 Assistant City Prosecutor 1, 2, 3 Community Development Department Community Development Director 1, 2, 3, 4, 5, 6 Building and Safety Division Senior Building Inspector 1, 2, 3, 4, 5, 6 Building Inspector 1, 2, 3, 4, 5, 6 Code Enforcement Officer 1, 2, 3, 4, 5, 6 Planning Division Senior Planner 1, 2, 3, 4, 5, 6 Associate Planner 1, 2, 3, 4, 5, 6 Planning Assistant 1, 2, 3, 4, 5, 6 Community Resources Department Community Resources Director 1, 2, 3, 4 Recreation Supervisor 1, 2, 3, 4 Recreation Coordinator 1, 2, 3, 4 Finance Department Finance Director 1, 2, 3, 4, 5 Accounting Supervisor 1, 2, 3, 4, 5 Citation Records Administrator 1, 2, 3, 4 (10-14-08) Page 1 of Exhibit"A" Fire Deuartment Fire Chief 1, 2, 3, 4, 5, 6 Assistant Fire Chief 1, 2, 3, 4, 5, 6 Fire Captain (acting as inspector) 1, 2, 3, 4, 5, 6 Fire Engineer (acting as inspector) 1, 2, 3, 4, 5, 6 Firefighter/Paramedic (acting as inspector) 1, 2, 3, 4, 5, 6 Firefighter (acting as inspector) 1, 2, 3, 4, 5, 6 Personnel Department Personnel/Risk Management Director 1, 2, 3, 4, 5 Police Deuartment Police Chief 1, 2, 3, 4, 5, 6 Police Captain 1, 2, 3 4, 6 Police Lieutenant 1, 2, 3, 4, 6 Hearing Officer (part-time) 1, 2, 3, 4 Administrative Review Investigator 1, 2, 3, 4 Public Works Deuartment Public Works Director/City Engineer 1, 2, 3, 4, 5, 6 Associate Engineer 1 2, 3 4 5 6 Assistant Engineer 1, 2, 3, 4, 6 Public Works Inspector 1, 2, 3, 4, 6 Public Works Superintendent 1, 2, 3, 4, 6 Miscellaneous Consultant* 1, 2, 3, 4, 5, 6 *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section.. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (The following City positions are designated in Article 2, Section 87200 of the Political Reform Act: City Council members, City Treasurer, City Attorney, City Manager, and Planning Commission members.) (10-14-08) Page 2 of 2 Exhibit "A" EXHIBIT `B" DISCLOSURE CATEGORIES Category I Persons in this category shall disclose all interests in real property within the jurisdiction. Real property shall be deemed to be within the jurisdiction if it is located within or not more than two miles outside the boundaries of Hermosa Beach or within two miles of any land owned or used by the City of Hermosa Beach. For purposes of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer. Category 2 Persons in this category shall disclose all investments. Investment means a financial interest in any business entity which is located in, doing business in, planning to do business in, or which has done business during the previous two years in the City's jurisdiction in which the filer and/or the filer's spouse/registered domestic partner/dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. Reportable investments include but are not limited to sole proprietorships, partnerships, stocks, bonds, warrants and options, including those held in margin or brokerage accounts and managed investment funds. If the filer and/or the filer's spouse/registered domestic partner/dependent children had a 10% or greater ownership interest in a business entity or trust (including a living trust), investments held by the business entity or trust must be disclosed. Non -reportable investments include but are not limited to bank accounts, savings accounts, money market accounts, insurance policies, annuities, shares in a credit union, government bonds, and retirement accounts invested in non -reportable interests. Category 3 Persons in this category shall disclose all gross income (including loans) aggregating $500 or more in value during the reporting period, received from any source located in, doing business in, planning to do business in, or who has done business during the previous two years in the City's jurisdiction. Commonly reportable income and loans include but are not limited to salary/wages, community property interest, income from investment interests, gross income from any sale (including house or car), and payments received on loans made to others. The job title with each reportable business entity must be reported, even if no income was received during the reporting period. The filer must also report the source of income to the filer's spouse or registered domestic partner if the community property share is $500 or more during the reportable period. Income received from a federal, state or local governmental agency need not be disclosed. Gifts aggregating $50 or more in value received during the period from any source shall be disclosed, regardless of where the donor is located. Gifts are limited by law to a value of $390 from any one source in a calendar year. (10-14-08) Page 1 of Exhibit`B" Category 4 Persons in this category shall disclose all income from and investments in any business that manufactures or sells services and/or supplies of the type utilized by the department in which the person is employed, or recommended by the commission or board on which the person serves. Category 5 Persons in this category shall disclose all investments in and income from all banks, savings and loan associations, insurance companies, investment companies, stockbrokers, title companies, financial consultants, data processing firms or consultants. Category 6 Persons in this category shall disclose all income from and investments in business entities in the construction or building industry. (10-14-08) Page 2 of 2 Exhibit `B" STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 08-6624 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on October 14, 2008. The vote was as follows: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSTAIN: None ABSENT: None Dated: October 15, 2008